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Is the division of the apartments, as it was carried out, a violation of Sharia, and what is the way to resolve the matter peacefully if my right is proven?

1 min readAlso available in العربية

The justice commanded by Allah dictates that the inheritance be divided among the two daughters, the two sons, and the wife according to their prescribed shares, as stated in the verse: "For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave" (An-Nisa: 7).

Therefore, the brothers' statement that they will divide the cash according to Islamic law while keeping the two apartments for themselves is contrary to Islamic law. The two sisters and the wife have a share in them, and it is not permissible for the brothers to exclusively possess them. Rather, every heir has a common share in them.

A bequest to an heir is invalid due to the hadith: "There is no bequest to an heir." However, if the sister willingly waives her share without deception or coercion, she has no right to retract the gift.

If the daughter has a mental disability and is not capable of managing money, it is not permissible to seize her share of the inheritance, as her consent is not considered valid.

The brothers' refusal to divide the inheritance despite others' demands for division is a forbidden act. The sister is permitted to sue them and file a complaint against them to obtain justice.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy